OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 23 NOVEMBER 2015 AT 7:32PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
Her Worship the Mayor, Councillor Karen McKeown read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.
PRAYER
The Council Prayer was read by the Rev Neil Checkley.
PRESENT
Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Mark Davies, Jackie Greenow OAM, Tricia Hitchen and John Thain.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Michelle Tormey for the period 30 October 2015 to 3 January 2016 inclusive.
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342 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that apologies be received for Councillors Maurice Girotto and Ben Goldfinch. |
DECLARATIONS OF INTEREST
Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Heritage Assistance fund 2015 – 2016 as he is listed as the Public Officer for the Llandilo Hall. Councillor Crameri stated that he would leave the Chamber during consideration of this Item.
Her Worship the Mayor, Councillor Karen McKeown declared a Non- Pecuniary Conflict of Interest – Less than Significant in COW Item 2 - Status on Litigation and Compliance Matters as her son was employed by a company which is one of the subjects of this report.
Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest - Significant
in COW Item 2 - Status on Litigation and Compliance Matters as his wife is the Secretary of the Protect Penrith Action Group Inc.
Outcome 1 - We can work close to home
Outcome 2 - We plan for our future growth
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352 RESOLVED on the MOTION of Councillor Prue Car MP seconded Councillor Kevin Crameri OAM that the information contained in the report on Fencing of the Wianamatta Regional Park be received. |
Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5, Councillor Kevin Crameri OAM left the meeting, the time being 8:11pm.
Councillor Kevin Crameri OAM returned to the meeting, the time being 8:12pm.
Outcome 4 - We have safe, vibrant places
Outcome 5 - We care about our environment
Outcome 6 - We're healthy and share strong community spirit
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10 Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Alan Travers |
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357 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Alan Travers be received. 2. Council bestow the civic recognition of Honoured Citizen of the City of Penrith upon Alan Travers, at a civic reception to be held at a mutually convenient time. |
Outcome 7 - We have confidence in our Council
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14 Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors |
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358 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received. 2. Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors. 3. Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors to the Office Local Government. |
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359 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Proposed Council Meeting Calendar for 2016 be received. 2. The draft Meeting Calendar for 2016 be adopted. |
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360 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Sale of Land for Unpaid Rates and Charges be received. 2. Council endorses selling this land to recover unpaid rates if payment has not been received by 30 November 2015.
3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary. |
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18 Summary of Investments & Banking for the period 1 October to 31 October 2015 |
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361 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 October to 31 October 2015 be received.
2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2015 to 31 October 2015 be noted and accepted. 3. The graphical investment analysis as at 31 October 2015 be noted. |
Councillor Kevin Crameri OAM left the meeting, the time being 8:36pm.
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362 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies That: 1. The information contained in the report on Organisational Performance Report - September 2015 be received. 2. The Organisational Performance Report - September 2015 as at 30 September 2015, including the revised estimates outlined in this report and detailed in Attachment 1 – Organisational Performance Report – September 2015 be adopted. |
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363 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Annual Report 2014-15 be received 2. The Annual Report 2014-15 be endorsed for submission to the NSW Office of Local Government by 30 November 2015. |
Councillor Kevin Crameri OAM returned to the meeting, the time being 8:41pm.
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364 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow OAM That: 1. The information contained in the report on Code of Conduct - Report on Complaints Statistics be received. 2. A copy of the this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government. Councillor Marcus Cornish called for a DIVISION.
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365 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM That: 1. The information contained in the report on 2015 Local Government NSW Annual Conference be received.
2. An annual report to Council be prepared detailing the results of advocacy and progress of Conference motions after being considered by LGNSW. |
REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS
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Councillor John Thain requested a memo reply to all Councillors regarding providing assistance with advertising, including through the Mayoral Column, to the organisers of the Kendo School operating out of Castlereagh Hall. |
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Councillor John Thain noted the recent resignation of Council’s Coordinator - Fire Safety and Certification, Colin Wood and, on behalf of his Councillor colleagues, wished Colin all the best for his future at Shoalhaven City Council. |
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Councillor Kevin Crameri OAM, on behalf of Councillor Maurice Girotto, requested a memo reply to all Councillors outlining any assistance Council could provide to Mary Vella for her fundraising activities for Beyond Blue. |
Councillor John Thain left the meeting, the time being 8:55pm.
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RR 4 Provision of Handrails around Viewing Platforms on Water Bodies |
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Councillor Jim Aitken OAM requested a report to Council canvassing all options for preventative measures to eliminate the possibility of falls at viewing platforms on water bodies within the Penrith Local Government Area. |
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Councillor Bernard Bratusa requested a memo to all Councillors identifying any directions issued by Penrith City Council to sporting organisations, in particular Penrith Golf Club, to have any advertising signage removed from the fence line of their grounds, and in the case of Penrith Golf Club, the fence line along The Northern Road. |
Councillor John Thain returned to the meeting, the time being 8:58pm.
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Councillor Ross Fowler OAM requested that a Code of Conduct matter be referred to Committee of the Whole for discussion as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter would be, on balance, contrary to the public interest. |
366 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:00pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 5
Having previously declared a Non-Pecuniary Conflict of Interest – Significant in COW Item 2 - Status on Litigation and Compliance Matters, Councillor Marcus Cornish left the meeting at 9:01pm and did not return.
2 Status on Litigation and Compliance Matters
This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Outcome 6
3 Pilot Project Evaluation - Shower Facilities for Homeless People
This item has been referred to Committee of the Whole as the report refers to discussion in relation to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Outcome 4
4 Civic Arts Precinct - Agreement with adjoining Owner
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Outcome 7
5 Disposal of Council owned land to adjoining owner
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
6 Legal Matter - Code of Conduct Matter
This item has been referred to Committee of the Whole as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter would be, on balance, contrary to the public interest.
The meeting resumed at 9:21pm and the General Manager reported that the Committee of the Whole met at 9:00pm on 23 November 2015, the following being present
Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM, and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP, Kevin Crameri OAM, Greg Davies, Mark Davies, Jackie Greenow OAM, Tricia Hitchen and John Thain
and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.
CONFIDENTIAL BUSINESS
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW2 That the information contained in the report on Status on Litigation and Compliance Matters be received.
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3 Pilot Project Evaluation - Shower Facilities for Homeless People |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW3 That the information contained in the report on Pilot Project Evaluation - Shower Facilities for Homeless People be received. |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM CW4 That: 1. The information contained in the report on Civic Arts Precinct - Agreement with adjoining Owner be received. 2. The General Manager be authorised to execute the letter of agreement between the owners of Westfield Penrith & Council. |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW5 That: 1. The information contained in the report on Disposal of Council owned land to adjoining owner be received. 2. Council enter into a Put and Call Option to sell the land as detailed within this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen CW6 That the information be received. |
ADOPTION OF Committee of the Whole
367 RESOLVED on the MOTION on Councillor Greg Davies seconded Councillor Jackie Greenow OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.
Councillor Jim Aitken OAM left the meeting at 9:22pm and did not return.
There being no further business the Chairperson declared the meeting closed the time being 9:24pm.
I certify that these 13 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 23 November 2015.
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Chairperson Date